till September 11. An. 1100. at which time the King received him into his favour and restored him to his Bishoprick After which he fell again into the Kings displeasure and dyed of grief that he could not clear himself of the Rebellion charged against him which he was summoned to answer In the year of our Lord 1101. K. Henry the first upon the innumerable complaints to him made against Ranulph Flambard Bishop of Durham by the Vote of a whole Parliamentary Council clapt him up Prisoner in the Tower of London for a most notable Oppressor Extortioner Rebel Traytor prepared to act any wickednesse who was likewise created by VVilliam Rufus both Chancellor and Treasurer of England This Bishop afterwards escaping into Normandy perswaded Duke Robert to invade the Realm to the great disturbance thereof and effusion of much Christian bloud After which having purchased his peace with large Gifts â—et the K. exacted from him great sums seised on all his Goods Bishoprick Edgar King of Scots about the year 1100. gave the Town of Berwick to the Bishop of Durham but because he afterwards wrought Treason against him he lost the Gift the King thereupon resuming the Town into his own hands Hugh Pusar Bishop of Durham who purchased the Earldom of Northumberland of King Richard the first for giving a rude sawcy answer to King Henry the second had his Castle of Durham seised into the Kings hands Anno 1184. and otherwise was afflicted by him Anthony Beak or Bek Bishop of Durham excommunicating the Prior and Monks of Durham notwithstanding their Appeal to the Pope and King and going to Rome without the Kings License King Edward the first thereupon seised his Temporalties and Liberties and appointed a new Chancellour new Justices and other Officers of Durham During this his disgrace this King for his conâ—empts took away three Manors and the Church of Symondbury from the Bishoprick with divers other Lands He being with other Bishops put out of the Kings protection for denying to grant him an ayde he and they were forced to make their peace with large Gifts the grant of the fifth part of thier Ecclesiastical Goods and Revenues for one year After the death of Lewis Beaumont the Monks of Durham electing a Monk of their own for their Bishop the Archbp. of York consecrating him without the Kings License the King thereupon refused to restore his Temporalties to him and caused Richard de Bury without any election of the Monk or Chapter to be made and consecrated Bishop in his place whereupon the Monk retired into the Monastery Cuthert Tonstall Bishop of Durham for his disobedience to King Edward the 6th was committed Prisoner to the Tower of London Decemb. 20. 1551. where he continued all his Reign the King being so highly offended with him that in 7 E. 6. by a special Act of Parliament the Bishoprick of Durham was dissolved and all the Lands and Hereditaments thereof given to the King his Heirs and Successors though afterwards the Bishop and Bishoprick were restored by Queen Mary but in 1 Elizabeth this Bishop was deprived of his Bishoprick by Act of Parliament for refusing the Oath of Supremacy and opposing the Queens proceedings and committed Prisoner to Lambeth Our learned Martyr William Tyndal writing of this Bishop Tonstall observes That the cause why he left the Bishoprick of London for Durham was only covetousness and ambition Neither addes he is it possible naturally that there should be any good Bishop so long as the Bishopricks be nothing save wordly pomp and honour superfluous abundance of all manner of Riches and Liberty to do what a man list unpunished things which only the evil desire and good men abhor Roger the great rich Bishop of Salisbury who contrary to his Oath Duty and Allegiance to King Henry the first his Advancer and Maud his Daughter set up and made Stephen a Usurper King thereby involving the Kingdom in intestine bloudy wars and feuds all his Reign by a divine retaliation of his Perjury and Treachery had his Person imprisoned his 2. newly repaiâ—ed Castles of Shâ—rborn and Malmesbury with his stately new built Castle of Devises and all his ammunition and treasures in them seised upon with the â—astles of his Nephews and Creatures Nigellus Bp. of Ely Alexander Bp. of Lincoln for real or pretended offences which Castles K. Stephen refused to restore or to be judgd by the Bishops or their Canons in the Council of Winchester sommoned by the Popes Legate to debate the legality of their seisure by the King and to restore them to the Bishops which the King would by no means give his consent to do the Archbp. of Rhoan justifying the lawfulness of these Castles seisure in the Council as well as the Kings Lawyers Richard Milford Bishop of Salisbury was by order of the Barons in Parliament in XI R. 2. removed from the Court and imprisoned in the Castle of Bristol as a pernicious Whisperer Flatterer evil Counseller Traytor to the King and Kingdom William Ayscoth Bishop of Salisbury Confessor to King Henry 6. by his oppressions ill dealing and consenting to the yielding up of Anjou and Mayen to the hands of the French King so far incensed the Nobles and vulgar Rabble his Tenants too against him that in the insurrection of Iack Cade June 29. 1450. some of these Bishops Tenants coming to Edâ—ndon in VVilishire whiles he was there saying Masse seised upon him even in the Church drew him from the Altar arrayed in his Pontifical Massing Vestments carried him to the top of a Hill not far off and there whiles he was kneeling on his Knees cleft his Head in two stript him naked to the skin and renting his bloudy shirt into several pieces took every man a rag to keep it as a monument of this their exploit Which though tumultuous and illegal in them was yet a just judgement of God upon himself for opreâ—sing his Tenants and other publick misdemeanours Anno. 873. Alfred Bishop of Leicester was deprived of his Bishoprick for his misdemeanours by King Elfred Vlâ— Bishop of Lincoln was banished the Realm and hardly escaped with his life together with Robert Archbishop of Canterbury and VVilliam Bishop of London by Edward the Confessor by the advise of his Nobles assembled in a Parliamentary Council for giving this good King wicked Counsel an incensing him against the English causing the King to infringe his good Laws and not to administer upright Justice to his People which he promised to reform upon their banishment Alexander Bishop of Lincoln was banished the Land forced to fly into Scotland and deprived of his Bishoprick Anno 1070. for opposing VVilliam the Conquerour as an Invador of the Church and ravishers of Ecclesiastical things the Norman Conquerors making bold with all the Money Chattels Charters they could find in any Monastery which they diligently searched by the Kings command who
Knights and other Military men to ayd our Kings in their Wars and have actually taken away divers Mannors Lands and Tenements from our Archbishops Bishops and Cathedrals as well as from Abbots Priors Monasteries and given them to our Kings or such as they should appoint The House of Commons in two several Parliaments held in the years of our Lord 1403. and 1404. under King Henry the 4th when this King wanted and demanded aydes and monies from them to carry on his Wars against the Welch-men at home and the French with other Enemies abroad counselled and pressed the King to seize upon the Lands of the Bishops Abbots and Spiritualtie to supply his wants with their Temporalties and Superfluities Whereupon there grew a great contest in the Parliament between the Clergy and Laity the Speaker of the Commons House and the Knights affirming That they had often served the King in his Wars not only with their Goods but also with their Persons in very great Dangers and Ieopardies whiles the Prelates and Spiritualty sate idle at home and helped the King nothing at all Whereupon the Bishops and Clergy to preserve their Temporalties from being taken away in these two Parliaments readily gave the King a Tenth in the first of these Parliaments and a Tenth and an half in the second After this the Knights and Commons in the year 1410. presented this Petition to King Henry the 4th and the Lords in Parliament To our Most Excellent Lord the King and all the Nobles in this present Parliament assembled all your faithfull Commons humbly demonstrate and truly affirm that our Lord the King might have out of the Temporal Possessions Lands and Tenements which are occupied and proudly leudly and unprofitably spent consumed and wasted by the Bishops Abbots and Priors within this Realm so much in value as would suffice to sustain in food 15. Earles 1500. Knights 6200. Esquires and 102. Hospitals more then now be Pressing the King and Lords to take away these Temporalties which they proudly and unprofitably consumed and to imploy them on other publick uses But by the subtilty and potency of the Bishops Abbots and Clergy from whom the King demanded a Tenth to be annually granted to him during his life wherein they were ready to gratifie him they preserved their Temporalties for that present Yet afterwards the Commons in Parliament Anno 1414. renewed this their old Petition to King Henry the 5th and the Lords to seise upon the Bishops and Abbots Temporalties shewing how many Earls Knights and Esquires they would maintain exhibiting a Bill to that purpose Hereupon the Bishops and Abbots whom it touched very near much fearing the issue determined to assay all wayes to put by and overthrow this Bill minding rather to bow than break agreeing first to offer the King a great sum of mony to put by his demand and afterwards intituling the King to sundry Provinces and the whole Realm of France in this Parliament and stirring up the King and Nobles to regain the same by force of armes Towards the recovering and regaining of which antient Right and Inheritance they granted the King in their Convocation such a sum of mony as by Spiritual persons never was to any Prince though the whole Christian world before these times given and advanced By which policy and grant they preserved their Temporalties from being taken away from them by that Parliament Yet some of their Manors and Temporalties were parted with to the King and Lords to purchase their peace after every of these Parliaments In the Parliament of King Henry the 8th in the 22d year of his Reign there were sundry Bills exhibited in Parliament against the abuses of the Bishops and Clergy and many hot contests between the Commons and Prelates who at the last brought them within the compasse of a Praemunire in this Parliament to the confiscation of all their Goods Temporalties and imprisonment of their Persons for submitting to Cardinal Wolsie his Power legatine from the Pope contrary to the Laws of the Realm and the Kings Prerogative Whereupon upon the Bishops and Clergy of the Province of Canterbury proferred to give the King the sum of one hundred thousand pounds and those of the Provinces of York eighteen thousand pounds more and likewise agreed to give the King the Title of THE SUPREAME HEAD OF THE CHURCH OF ENGLAND NEXT UNDER CHRIST which they would never do before to take off the forfeiture of the Praemunire Which the King accepting of granted all the Bishops and Clergy a General Pardon in Parliament out of which Iohn Archbishop of Dublin and the Bishop of Hereford with six more Clergy-men only were excepted and soon after this Parliament many of the Bishops Temporalties and Manors were granted by them to the King by their special conveyances besides others of them leased or granted to Courtiers great Officers and Favourites to preserve the remainder of them In the Parliament of 37 H. 8. by a special Act of Parliament printed in our Statutes at large under a feined pretext of Exchanges and other Recompences the Manor of Rippon in Yorkshire together with 69. other Manors there named their members and appurtenances were alienated and taken away from the Archbishoprick and Archbishop of York nine Manors one Castle with sundry Parks and Rectories belonging to the Archbishoprick to Canterbury the Manors of Chelmesford and Crondon with the Park of Crondon and all their Members Rights and Appurtenances were alienated and taken quite away from the Archbishops of Canterbury and Bishops of London and their Successors and by these Bishops Indentures and this Act of Parliament setled on the King his Heirs and Successors for ever as well against the said Archbishops and Bishop of London and their respective Successors as against the respective Deans and Chapters of York Canterbury London and their Successours and every of them any Law Custom Statute or other thing to the contrary hereof had or made notwithstanding as in and by the said Act worthy perusal is more at large recorded Besides these the City of Bath the Manors Markford Chedder Chew Claverton Compton Dando Compton Panel Congesbury Clanmore Everchurch Hâ—riton Kineston Lâ—dâ—ord Pucklechurch Wellington Westerleigh VVatton VVecke VVile Yatton with sundry other Farmes Tenements Hundreds and Appropriations have been alienated by and taken from the Bishoprick of Bath and VVills the Manors of Sherburn Sunning and sundry others from the Bp. of Salisbury and sundry other Manors Lands Tenements Farmes from the Bishops of VVinchester Lincoln Ely Chichester Norwich Exeter Hereford Coventry and Litchfield Durham Carlisle before and since 37. Henry the 8th And had not the Statute of 1 Lac. c. 3. restrained the Alienations of Bishops Lands and Revenues they had long ere this had no Lands or Rents at all to dispose of In the Parliament of 7 E. 6. by a special Act of Parliament the Bishoprick of Durham with all the Lands and Hereditaments thereof were
taken away and setled in the King his Heirs and Successors And no longer since than 21 Iac. c. 30. York-house in the Strand was by special Act of Parliament by way of Exchange taken from the Archbishop of York and setled on King Iames his Heirs Successors and Assigns and after that on the Duke of Buckingham upon pretext that it was for the benefit of the Archbishops By all which Acts and Presidents it is most evident that our Kings Parliaments and Temporal Lords may not only seise sequester the Temporal Lands Goods Estates of Bishops and Church-men in cases of Delinquency and Contumacy but likewise substract alienate and sell them to supply the necessities of the King and Kingdom in times of war and extreme necessity without Sacriledge or Impiety which should cause our present Archbishops Bishops and Cathedralment to carry themselves with greater Loyalty and Dutifullnesse towards his Sacred Majesty with greater humility sobriety meeknesse and respect towards the Temporal Lords Commons and People than their Predecessors have done and make them very carefull of giving just offence or provocation to all or any of them especially at this present juncture of our Ecclesiastical and Civil Officers in so hopefull a way of future Settlement if their pride avarice ambition or indiscretion do not interrupt them 7ly That Archbishops Bishops Deans and Chapters themselves by their common consent may lawfully alienate sell and give away not only their Lands and Possession which were never solemnly consecrated but even their very consecrated Chalices Vestments and Ornaments of their Churches themselves though more peculiarly consecrated by Episcopal benedictions more immediately devoted to Gods service than their Lands and other Temporalties and that in cases of publick necessity or charity as to relieve the Poor in time of famine to redeem Captives to ransom their lawfull Kings to support their decayed Patrons and Benefactors to defend their native Country against invading Enemies or Christians against Infidels to prevent a greater mischief and for the benefit of the Church in general as sundry antient Councils and the Popish Canonists themselves have resolved Yea by the Popes consent without any of these Causes our Archbishops and Bishops might alienate sell morgage give away and dispose of the Lands belonging to their Bishopricks as the express clause in their Oath to the Pope not to do it without the Popes council and consent imports When our King Richard the first was most injuriously taken in his return from the Holy Land and for a whole year and three months space kept Prisoner by the Emperour of Germany and at last put unto a ransom of one hundred thousand pounds of Silver after the weight of Colen Anno 1093 the Kings Collectors being unable to levy so great a masse of moneys thereupon Majores quidem Ecclesiae thesauros ab antiquis congestos temporibus Ecclesiae Parochiales argenteos calices praemiserunt the Archbishops Bishops Abbots and Priors of all Conventual Churches gave the fourth part of their annual Rents and other inferiour Clergy-men the Tenth of their Tithes and the Cistercian Monks all their Wools towards his speedy ransom Yea the Chronicle of Brompton and others inform us that the Kings Collectors wanting monies after a double exaction of what they could scrape together from all parts Postrenis ut nulla vacaret occasio ad vasa sacra et utensilia Ecclesiae ventum est Ieaque per omnem Anglica regni latitudinem sacri Calices exactoribus regiis traduntur vel paulo infra pondus redimuntur Vasa etiam alia Cruces Praelatorum anuâ—â— cum auro de Sanctorum fereâ—ris abraâ—o sunt conflaia Nec erat hoc secundum Patrum decreta illicitum cum urgenâ—tisimus necessiiatis arâ—â—enlus instaret Nec ulla erat distinâ—â—â—o in this necessity Clerici Laici secularis religiosi rustici urbani sâ—à omnes indifferenter juxtà substantiae suae vires vel redditum quantitatem pro redemptione Regia portionem suam solvere cogebantur Privilegia Praerogativae Iunnunitates Ecclesiarunt tunc silebant penitus et vacabant Omnis enim dignitas libertas os suam oppilabat Cisterciensis quoque ordinis Monachi qui ab omni exactione Regie hactenus immunes extiterant tantò magis tunc onerati suerant quantò minus antea publici oneris senserant gravitatem Exacti quoque conctilanam suarum ovium resignarunt And should not our Bishops and Cathedral men now for and towards his Majesties most glorious redemption and his three whole Kingdoms ransom from near twelve years exile and captivity and for the future settlement of our Churches Kingdoms in sound and lasting peace in pursuance of his Majesties most gracious Declarations and Engagements at Breda and the Generals Parliaments Engagements before his happy return into England to give competent satisfaction to Purchasers of their Lands not only part with their antient Treasures Chalices Miters Crosiers Church Ornaments Copes but likewise with their late alienated Temporalties and Revenues for competent terms of years of lives reserving the antient or an improved rent rather than violate the publick saith peace of the King Kingdom Parliament oppugn his Majesties royal Commands the Lords Commons Parliaments Souldiers and Peoples desires by unreasonable demands or indiscreet covetous and violent proceedings against Purchasors and Tenants which may indanger if not demerit the forfeiture reseisure and new sales of all their Lands and Temporal Revenues in case of obstinacy and dis-satisfaction herein The rather because our Bishops by the Laws of England before the Statute of 1. Iac. c. 3. and other restraining Acts might with the consent of their Deans and Chapters not only lawfully lease their Lands for how many years or lives they pleased but likewise alien and sell the Inheritance thereof or charge them with what Rent-charges they pleased especially by the Kings consent as the grant of a Rent-charge out of the Glebe of a Parsonage by the Patron or Ordinary in time of vacancy or of the Parson Patron and Ordinary joyntly to a Layman shall bind the Successours in perpetuity as is evident by the Statutes of 37 H. 8. c. 16. 1 Jac. c. 3. 33 H. 8. c. 31. Littleton sect 648. Cooks 1. Institutes f. 343 344 44 45. and many other Lawbooks Not to adde many Presidents to those forecited in so clear a case it is registred by Bishop Godwin of Iohn Vâ—sly Bishop of Exeter in King Edward the 6th his Reign That of all the Bishops of the Land he was esteemed the best Courtier being better liked for his civil Behaviour than his Learning which in the end turned not so much to his credit as to the spoyle of his Church for of twenty two Lordships and Manors which his Predecessors had left unto him of a goodly yearly Revenue he left but three and them also leased out and where he found 13. Houses and Palaces too many by 12. for any one Apostolical Bishop well
otherwise and understanding that the whole full and most gracious intent mind and determination of your most excellent Majestyes be that all and every person and persons bodies politick and corporate their heirs successour and assignes and every of them shall have keep retain and enjoy all and every their estates rights possessions and interests that they and every of them now hath or hereafter shall have of and in all and every the Mannors Graunges Messuages Lands Tenements Tithes Pentions Portions Advousons Nominations Patronages Annuities Rents Revertions Services Hundreds Wapentakes Liberties Franchises and other the possessions and hereditaments of the said Monasteries Abbies Priories Nunneries Commaundries Deaneries Colleges Prebends Hospitals houses of Fryers Chantries Rectories Vicareges Churches Chaples Archbishopricks Bishopricks and other Religious or Ecclesiastical houses or places or of any of them within this Realm or the Dominions of the same by such Laws and Statutes as were in force before the first day of this present Parliament and by other lawfull conveyance to them thereof made That it may be therefore enacted by the authority of this present Parliament that as well your Majesty our Soveraign Lady your heirs and successors as also all and every other person and persons bodies politick and corporate their heirs successors and assigns now having or that hereafter shall have hold or enjoy any of the scites of the said late Monasteries and other the Religious or Ecclesiastical houses or places and all the said Mannors Graunges Messuages Lands Tenements Tithes Pentions Portions Glibe-lands Advousons Nominations Patronages Annuities Rents Revertions Services Hundreds Wapentakes Liberties Franchises Profits Commodities and other the possessions and hereditaments of the said late Monasteries Abbies Priories Nunneries Commaundries Deaneries Colleges Prebends Hospitals houses of Fryers Rectories Vicariges Chauntries Churches Chapels Archbishopricks Bishopricks and other Religious and Ecclesiastical houses and places or any of them of what name nature or kind soever they be shall have hold posâ—ede retein keep and enjoy all and every the said Scites Manuors Graunges Messuages Lands Tenements Possessions Profits Commodities and other Hereditaments according to such Interests and Estates as they and every of them now have or hold or hereafter shall have or hold of and in the same by due order and course of the laws and Statutes of this Realm which now be or were standing in force before the first day of this present Parliament in manner and form as they should have done if this Act had never been had â—e made This Act or any thing herein conteined to the contrary in any wise notwithstanding Saving to you our said Soveraign Lady your heirs and successors and every of them and to all and every other person and persons Subjects of this Realm and bodies politick and corporate and to their heirs and successors and to the heirs and successors of all and every of them other then such whose right title or interest is bounded or taken away undone or extinct by any Act of Parliament heretofore made or otherwise all such right title claim possession interests rents annuities commodities commons offices fees leases liveries livings pentions portions debts duties and other profits which they or any of them lawfully have or of right ought to have or might have had in of or to any of the premisses or in of or to any part or parcel thereof in such like manner form and condition to all intents respects constructions and purposes as if this Act had never been had he made And that it may be further enacted by authority aforesaid that all and every Article Clause Sentence and Proviso contained or specified in any Act or Acts of Parliament concerning or touching the assurance or conveyance of any the said Monasteries Priories Nunnerie Commaundries Deaneries Prebends Colleges Chantries Hospitals houses of Fryers Rectories Vicariges Churches Chaples Archbishopricks Bishopricks and other Religious and Ecclesiastical houses and places or any of them in any wise concerning any Mannors Lands Tenements Profits Commodities Hereditaments or other the things before specified to the said King Henry the 8th or King Edward the 6th or either of them or any other person or persons or body politick or corporate and every of them and all and every Writing Deed and Instrument concerning the assurance of any the same shall stand remain and be in as good force effect and strength and shall be pleaded and taken advantage of to all intents constructions and purposes as the same should might or could have been by the Laws and Statutes of this Realm in case this present Act had never been had ne made And that all Feostaments Fines Surrenders Forfeitures Assurances Conveyances Estates and Interests in any wise conveyed had or made to our said late Sovereign Lord King Henry the 8th or to our said late Sovereign Lord King Edward the 6th or either of them or to any other person or persons bodies politick or corporate or to any of them by Deed or Deeds Act or Acts of Parliament or otherwise of any of the Sites Mannors Lands Tenements Possessions Profits Commodities or Hereditaments of any of the said Archbishopricks Bishopricks late Monasteries Priories Nunneries Commaundries Deaneries houses of Fryers Colleges Chantries Hospitals Prebends free Chaples or of any Mannors Lands Tenements Revertions Services Tithes Pensions Portions Annuities or of any other Hereditaments of by or from any Ecclesiastical or Spiritual person or persons or by or from any Spiritual or Ecclesiastical corporation or body politick shall be as good and available in the Law to all Intents Constructions and Purposes as they were by the Laws and Statutes of this Realm standing in force before the first day of this present Parliament And that the same may and shall be pleaded alleged and taken advantage of in such sort and to such effect as they should could or might have been by the Laws and Statutes of this Realm standing in force before the said first day of this present Parliament And that all and every Clause and Article of saving conteined in all and every the said Acts and Statutes shall stand remain and be in such force strength and effect as they were before the said first day of this present Parliament any thing conteined in this present Act to the contrary in any wise notwithstanding And that it may be in like manner enacted by authority aforesaid that whosoever shall by any processe obteined out of any Ecclesiastical Court within this Realm or without or by pretence of any Spiritual Jurisdiction or otherwise contrary to the Laws of this Realm inquiet or molest any person or persons or body politick for any of the said Mannors Lands Tenements Hereditaments or things above specified contrary to the words sentences and meaning of this Act shall incur the danger of the Act of Fraemunire made in the 16. year of King Richard the 2d and shall suffer and incur the forfeitures and pains contained in the same To which
whom Christ answered Have ye not read what David did when he was hungry and â—â—ose that were with him how he entred into the house of the Lord and did eat the shew bread which it was not lawfull for him neither for them that were with him to eat but only for the Priests This story is written in the first Book of the Kings and 21. chapter And the commandement in the 12. chapter of Deuteronomy Whereby it appeareth that it is lawfull in time of necessity to use any thing be it never so much consecrate Otherwise children by giving their moveables to the consecration of any Temple should not be bound to help their parents which is contrary and against the Gospel of St. Matthew in the 16. chapt whereas our Saviour sharply rebuked the Pharisees that for their own traditions they did transgresse the commandement of God Item Titus and Vespasian secular Princes had power given them of God twenty four years after the Lords ascension to take away the Temporalities from the Priests which had offended against the Lords holy one and thereby also bereft them of their lives and it seemeth unto many they did and might worthily do the same according to Gods good will and pleasure Then forsomuch as our Priests in these daies may transgresse and offend as much and rather more against the Lords anointed it followeth that by the pleasure of God the secular Lords may likewise punish them for their offence Our Saviour being King of kings and high Bishop with his Disciples did give tribute unto Caesar as it appeareth in the 17. chapt of St. Matthews Gospel and commanded the Scribes and Pharisees to give the like unto Caesar St. Matthew 22. Whereby he gave example unto all Priests that would come after him to render tribute unto their Kings whereupon blessed St. Ambrose in his 4. book upon these words in the 5. of St. Luke Cast cuâ— your nets writeth thus There is another kind of fishing amongst the Apostles after which manner the Lord commanded Peter only to fish saying Cast out thy hook and that fish which cometh first up take him And then unto the purpose he saith It is truly a great and spiritual document whereby all Christian men are taught that they ought to be subject unto the higher powers and that no man ought to think that the Lawe of a King here on earth are to be broken For if the Son of God did pay tribute who art thou so great a man that thinkest thou oughtest not to pay tribute He payed tribute which had no possessions and thou which daily seekest after the lucre of the world why doest thou not acknowledge the obedience and duty of the world Why doest thou through the arrogancy of thy mind exalt thy self above the world when at through thine own miserable covetousnesse thou art subject unto the world Thus writeth St. Ambrose and it is put in the 11. caus qu. 1. Magnum quidem He also writeth upon these words in Luke 20. Shew me a penny whose Image hath it if Christ had not the Image of Caesar why did he pay any tribute He gave it not of his own but rendred unto the world that which was the worlds and if thou wilt not be in danger of Caesar possesse not those things which are the worlds for if thou hast riches thou art in danger of Caesar. Wherefore if thou wilt owe nothing unto any earthly King forsake all those things and follow Christ. If then all Ecclesiastical Ministers having riches ought to be under the subjection of Kings and give unto them tribute it followeth that Kings may lawfully by the authority which is given them take away their temporalities from them Hereupon St. Paul acknowledging himself to be under the Jurisdiction of the Emperor appealed unto Caesar as it appeareth Acts 25. I stand saith he at Caesars Judgement seat there I ought to be judged Whereupon in the 8. Distinction chapter Quo jure St. Ambrose allegeth that all things are lawfull unto the Emperor and all things under his power For the Confirmation whereof it is said Daniel 2. chapter The God of heaven hath given unto thee a Kingdom Strength Empire and Glory and all places wherein the children of men do dwell and hath given into thy power the beasts of the field and fowles of the air and set all things under thy subjection Also in the 11. question and 1 he saith if the Emperor require tribute we do not deny that the Lands of the Church shall pay tribute if the Emperor have need of our lands he hath power to challenge them let him take them if he will I do not give them unto the Emperor neither do I deny them This writeth St. Ambrose expresly declaring that the secular Lord hath power at his pleasure to take away the Lands of the Church and so consequently the secular Lords have power at their own pleasures to take away the Temporal goods from the Ecclesiastical Ministers when they do offend Item St. Augustine writeth If thou saiest what have we to do with the Emperor But now as I said we speak of mans Law The Apostles would be obedient unto Kings and honour them saying Reverence your Kings and do not say what have I to do with the King What hast thou then to do with possessions By the Kings Law thy possessions are possessed Thou hast said what have I to do with the King but do not say what have thy possessions to do with the King For then hast thou renounced the Laws of men whereby thou diddest possesse thy Lands Thus writeth St. Augustine in his 8. distinction by whose words it is manifest that the King hath power over the Church goods and consequently may take them away from the Clergy transgressing or offending Item in his three and thirtieth Epistle unto Boniface he saith What sober man will say unto our Kings Care not you in your Kingdom by whom the Church of the Lord is maintained or by whom it is oppressed it pertaineth not unto you who will be either a religious man or who will be a Church robber Unto whom it may be thus answered Doth it not pertain unto us in our Kingdom who will either live a chast life or who will be an unchast whoremonger Behold this holy man sheweth here how that it is the duty of Kings to punish such as are robbers of Churches and consequently the proud Clergy when as they do offend Item he writeth in the 33. caus quest 7. Si de Rebus The secular Lords may lawfully take away the Temporal goods from hereticks and forsomuch it is a case greatly possible that many of the Clergy are users of Simony and thereby hereticks therefore the secular Lords may very lawfully take away their temporalities from them For what unworthy thing is it saith St. Augustine if the Catholicks do possesse according unto the will of the Lord
am not so silly as to be ignorant that you are made Dispencers but to edification not to destruction Amongst Dispensators or Dispensers it is required that a man be found faithfull when Necessity urgeth a Dispensation is excusable when Profit inviteth it the Dispensation is laudible but this Profit must be publick and common and not private and particular for where neither of these two are it is not a faithfull Dispensation but a cruel Dissipation From the words of this Saint it is manifest that priviledging or exempting is not a faithfull Dispensation but a cruel Dissipation If Clergy-men be exempted let their sin be never so enormous to from being corrected by any but the Pope only For what is the profit of the Church that Clergy-men should be wanton and rampant as Bulls and like untamed Horses neigh unto their Neighbours wives unless in such grievous exorbitancies some yoak or curb be imposed upon them by the Princes For Priviledging Dispensation or Exemption ought not to be an Authority to them for the committing of sin for St. Augustin in his fourth Book intituled Authority Quaest. 23. saith That he who sinneth sinneth not by the Authority but against the Authority of the Law Again the addition of temporal Goods is commonly not so near to the last necessity of salvation by corporal punishment as the taking away of the Abuse is near to the last necessity of the perpetual Salvation both of Soul and Body As it is a work of greater mercy to take away a Sword from a Mad-man that would kill himself than to give a Sword to a persecuted man to defend himself from one that doth endeavour to kill him for it is worse for a man to be killed by himself than by another for the first is damnable the second just or meritorious And to this sence is that of Saint Augustin 5. Quaest. 5. Not every one who spareth is a Friend nor every one who scourgeth is an Enemy for the wounds of a Friends are better than the fraudulent kisses of an enemy it is better to love with security than to deceive with lenity And to the same purpose is that which followeth It is safer to take Bread from a hungry man if having abundance of Bread he neglecteth Iustice than to give Bread to a hungry person that being seduced he may acquiesce in Injustice And again He who binds a Mad-man and he who awakens and rouzeth up a Lethargick-man is a friend to them both although he is troublesom to them Thus for Saint Augustine by whose example if Lords Temporal are bound to give charitable Gifts to the Clergy that they may be the better incouraged to the performance of their Duties they are also bound by the same law of Almes to take away the said Gifts from those that do abuse them least by suffering the abuse they destroy their own Souls And hence it is that amongst all the sins to which the Superiours of our Kingdom of Bohemia are most obnoxious the greatest are Blind zeal False mercy and a Consentanious omission either by negligence or which is above all most horrible when mony i received for giving consent unto a Crime and the Enemy of Christ is unjustly defended by the Almes given to the Clergy Whereupon St. Augustine in his 3. Epist. to Macedonia writeth We more mercifully do draw back than give to such Persons for he doth him no good who helpeth a man but rather doth pervert him and oppresse him Whereupon it is to be admired why a Clergy-man who hath a thorn in his foot will suffer a Lay-man to pull it out that he might walk the better and will not suffer him when Riches do choak his affections to take them away from him that so walking uprightly in the footsteps of Christ he might save his Soul unless peradventure he would show thereby that he loveth the soal of his Foot better than he doth his Soul For if he loved his Soul better he would then with joy sustain the plunder of his Temporals for so those Christians did to whom the Apostle writeth Heb. 10. you took joyfully the spoyling of your Goods knowing in your selves that you have in Heaven a more enduring substance And since our Saviour having no fault in himself did humbly and willingly endure the losse of his Garments and a most bitter and ignominious Death the example of our Saviour and the consciousness of his own Guilt should move every Clergy-man even patiently to endure the taking away of his Goods But if a Clergy man doth so grievously murmur against the taking away of the mammon of Iniquity how would he endure reproach and blows and spittle and martyrdom and Death it self for the Name of Christ Such a Clergy-man never thinketh of that in St. Ambrose concerning the contempt of the world In which he hath these words O most wretched man with what a fraud art thou circumvented with what a grief art thou deceived with what a snare art thou captivated who fearest that thy wordly possessions should be taken from thee and hast no fear in the mean time of losing of that most excellent Creature thy own Soul Again God permitteth Ecclesiastical persons so exorbitantly to offend that they may deserve to be plundered of their possessions neither doth he cause the plundering of them but by setting Temporal Lords on work to see such an Execution thorowly performed This Article therefore is true But peradventure it will be objected That by the addition of this Particle that it is in their lawfull Power so to do according to their own arbitration the whole strength of the Instance above-mentioned is taken away Nevertheless according to the five Rules of Logick and Metaphysicks it is manifest and plainly consequent that if the King and Temporal Lords cannot do so according to their own Arbitrement it must be so because that Arbitrement is either a Power Judicial or a Judicial Act of the same Power and grant what may be granted If the Temporal Lords could not act so according to that Power or such an Act it would follow that they have no power to act any thing at all For if they ought to expect the Arbitration of the Bishop of Rome or of the Archbishops and all the Clergy of this Kingdom the chief Power would reside in the Clerks only and the great Prelates and Bishops of the Kingdom and so our King should not be King of Bohemia neither any of the Peers of the Land or Lords Temporal should have any visible Power which must wholly and necessarily be reduced to the Clergy and by consequence the Clergy it self should be secularly over the King which is directly against the Law of Christ Luke 22. where our Saviour saith That the Kings of the Gentiles do exercise Lordship over them and they that exercise Authority upon them are called Benefactors But you shall not be so On which place Saint Bernard writing to the
against the Kings Prerogative the King was so highly offended with him as he had just cause that he presently banished him the Realm and seised his Temporalties Giles de Bruse Bishop of Hereford for siding with the Barons in their wars against King Iohn and consenting to the Interdict had all his â—oods and Temporalties seised and was banished the Kingdom by King Iohn Peter de Eveblancks 42. Bishop of Hereford for his intollerable Oppressions Treacheries and Exorbitances was arrested by the Barons in the year 1263. in his own Cathedral Church where they seised upon his Goods divided his Treasure amongst their Souldiers before his face and then imprisoned him a long time in Ordley Castle as a mere Pest and Traytor both to Church and State Adam de Orlton or Tarleton the 46. Bishop of Hereford was arrested of High Treason for aiding the Mortymers with men and armes against King Edward the second and being indicted and brought to the Kings-bench Bar at Westminster to be arraigned for this Treason the Archbishops of Canterbury York and Dublin accompanied with their Suffragan Bishops came forcibly with their Crofiers rescued took him away from the Bar and protected him from the Kings Justice but the Indictment being found true upon proof his Temporalties were thereupon seised into the Kings hands till by this Bishops instigation he was deposed from the Crown and soon after murdered by his advice When Queen Isabel and her Son Prince Edward were with their Army at Oxford this Bishop steps up into the Pulpit and there taking these words for his Text My Head grieved me he made a long Discourse to prove That an Evil Head not otherwise to be cured must be taken away applying it to King Edw. the 2 d. that he ought to be deposed and afterwards he counselled the Queen to depose make him away which being effected at Berkley Castle by thrusting a hot Spit into his fundament none then appeared so earnest a Prosecutor of these Murderers as this Traitorous Bishop who set them on work to whom when many of his own Letters were produced and shewed concerning this most traytorous inhuman Act he eluded them by sophistical interpretations and utterly denyed he was any way consenting thereunto when as in truth he was the chief occasion and adviser thereof Iohn Trevenant the 51. Bishop of Hereford was one of the prime Actors in the deposition of King Richard the second and setting up King Henry the 4th in his Throne for which he demerited not only a sequestration of his Temporalties but a Decollation though he escaped both Charles Booth Bishop of Hereford was excepted out of the General pardon of the Praemunire granted by King Henry the 8th to the Clergy in Parliament 22 H. 8. c. 15. for which his Goods and Temporalties were confiscated to the King Agelrick Bishop of the South-Saxons since Chichester was deprived by VVilliam the Conqueror Anno 1078. with sundry other Bishops and Abbots in the Councils of VVinchester and VVindsor for their Treasons and Conspiracies against him and afterwards imprisoned Thomas Rushock the 20th Bishop of Chichester a lewd pernicious Prelate Anno 1388. was banished the Court as a Traytor and pernicious Counsellor to King Richard the second his Lands and Goods confiscated himself banished and deprived of his Bishoprick by Act of Parliament and had suffered death too as a Traytor but that his Guiltiness made him fly before he could be apprehended Richard Sampson the 37th Bishop of Chichester Anno 21 H. 8. was committed Prisoner to the Tower for relieving certain trayterous Persons who denyed the Kings Supremacy George Day Bishop of Chichester Octob. 10. 1551. was deprived of his Bishoprick for denying the Kings Supremacy maintaining the Popes and other Misdemeanours and his Temporalties seised Iohn Christopherson Bishop of Chichester was deprived of his Bishoprick by Act of Parliament 1 Eliz. for denying the Queens Supremacy and to take the Oath of Supremacy and Allegiance Henry Spencer Bishop of Norwich a Martial Prelate more imployed in the Field than in the Pulpit and the Popes General against the Flemmings Anno 1385. had all his Temporalties seised into the Kings hands for two years for raising an Army and passing the Seas without and against King Richard the second his command and was likewise questioned fined and ransoned in Parliament for his misdemeanours in that military imployment Alexander Bishop of Norwich being elected by the Monks against the Kings consent Anno 1406. had his Temporalties kept from him by the King and his Person imprisoned at Windsor almost a year Richard Nyx Bishop of Norwich in the 25 of H. 8. was attainted in a Praemunire put out of the Kings protection his Person imprisoned his Lands Goods and Chattels seised and forfeited to the King for citing the Maior of Thetford into his Spiritual Court and forcing him to revoke a Presentment upon Oath contrary to Law Hugh Novant Bishop of Chester or Coventry and Litchfield as some stile him for conspiring with the King of France and Earl Iohn against his Soveraign King Richard the first to detain him still in Prison and plotting all the Mischief he could for the destruction of the King and Kingdom was in a Grand Parliamentary Council held at Nottingham about the year 1198. adjudged to Ecclesiastical censures and the seisure of his Temporalties as a Bishop and also to banishment and a Fine of 5000 Marks by the Temporal Lords as an Officer to the King VValter Langton Bishop of Chester by King Edward the second his command was arrested by the Constable of the Tower and imprisoned above two years space in several Castles his Lands and Temporalties seised into the Kings hands his Goods confiscated and after that compelled to answer to divers hainous Crimes whereof he was accused Cutbert Scot Bishop of Chester for his disobedience to Queen Elizabeth was committed Prisoner to the Fleet and displaced Edilred King of Mâ—rcia for some just displeasure against Putta Bp. of Rochester burned his Church and City and forced him to desert his Bishoprick to which he would never afterwards return Godwin Bishop of Rochester was for many months besieged in his City of Rochester by King Ethelred for some contempts against this King who would not raise his Siege upon any intreaty till the Bishop had submitted himself and likewise paid him an hundred pounds Fine Iohn Fisher Bishop of Rochester was grievously questioned in Parliament by the House of Commons Anno 25 H. 8. for saying That all their doings against the Clergy was for lack of Faith after which he was indicted and condemned of High Treason for countenancing the Revelations of Elizabeth Barton and denying to acknowledge the Kings Supremacy over Ecclesiastical Persons and Causes for which Treason be was executed upon Tower-hill though a Bishop and new-made Cardinal June 21. 1535. and his Head set upon London Bridge Edmond
quibusvis Apostolicis ac in provincialibus synodalibus conciliis editis specialibus vel generalibus constitutionibus caeterisque contrariis quibuscunque Admonemus tamen cum divisio Episcopatuum erectio Cathedralium Ecclesiarum sint de majoribus cansis quae summo Pontifici sunt reservatae recurrendum esse ad suam Sanctitatem ab ea suppliciter postulandum ut haec confirmare seu de novo facere dignetur Et licet omnes res mobiles Ecclesiarum indistinctè iis qui eos tenent relaxaverimus eos tamen admonitos esse volumus ut ante oculos habente divini judicii severitatem contra Balthasarem Regem Babilonis qui vasa saera non à se sed à Patre è templo ablata in prophano usus convertit ea propriis Ecclesiis si extant vel aliis restituant Hortante etiam per viscera misericordiae Iesu Christi obsestantes cos omnes quos haec res tangit ut salutis suae non omnino immemores hoc saltem efficiciant ut ex bonis Ecclesiasticis maxime iis quae ratione personatunm vicariatuum populi ministrorum sustentationi fuerint specialiter destinata seu aliis Cathedralibus aliis quae nunc extant inferioribus Ecclesus curam animarum exercentibus ita provideatur et earum pastores personae et vicarii commodè et honestè juxta corum qualitatem et statum sustentari possint et curam animarum laudabiliter exercere et onera incumbentia congruè supportare Datum Lambeth prope Loudinum Wintonien Diocess Anno Nativitatis Domini Millessimo quingentesimo quinquagesimo quarto Nono Cal. Ianuarii Pontif. Sanctissimi in Christo patris et Domini nostri Domini Iulii divina providentia Papae tertii Anno quinto Reginaldus Cardinalis Polus Legatus We the said Lords Spiritual and Temporal and Commons in this present Parliament assembled rendering most humble thanks to your Majesties by whose intercession and means we have obtained the said Dispensations of the Popes holyness by the most reverend Father in God his Legate most humbly beseecheth the same that it may be ordained as followeth And therefore be it enacted by the Authority of this present Parliament that all and singular Articles and Clauses contained in the said Dispensation as well touching the establishment of Bishopricks and Cathedral Churches as also the confirmation of mariages in degrees prohibited by the Canons of the Church the legitimation of Children and the ratification of Process and of Sentences in matters Ecclesiastical touching the invalidity of them for want of Jurisdiction and the institutions and destitutions of and in Benefices and Promotions ecclesiastical dispensations and graces given by such order as the publick Laws of the Realm then approved and all other things before contained in the said Letters of dispensation shall remain and be reputed and taken to all intents and constructions in the Laws of this Realm lawfull good and effectual to be alleged and pleaded in all Courts ecclesiastical and temporal for good and sufficient matter either for the Plaintiff or Defendant without any allegation or objection to be made against the validity of them by pretence of any general Councel Canon or Decree to the contrary made or to be made in that behalf And whereas divers and sundry late Monasteries Priories Commandries and late Nunneries Deaneries Prebends Colleges Hospitals Houses of Fryers Chauntries and other religious ecclesiastical Houses and places and the Manors Graunges Messuages Lands Tenements Rectories Tithes Pentious Portions Vicarages Churches Chapels Advowsons Nominations Patronages Annuities Rents Reversions Services and other Possessions and Hereditaments to the late Monasteries Priors Nunneries Commaundries Deaneries Chauntries Prebends Houses of Fryers Colleges Hospitals and other religious and ecclesiastical Houses and Places and to sundry Archbishopricks and Bishopricks within this Realm late appertaining and belonging came as well to the hands and possession of the said King of famous memory Henry the 8. father unto your Majesty our said Soveraign Lady by dissolution gift grant surrender attainder or otherwise as also to the hands and possession of divers and sundry other persons and bodies politick and corporate by sundry means conveyances and assurances according to the order of the Lawes and Statutes of this Realm And where also divers Manors Lands Tenements and Hereditaments parcel of the possessions of Archbishoprick and Bishopricks and many and sundry late Deaneries Colleges Chauntries Rectories Prebends free Chapels Guyldes and Fraternityes Manors Houses Graunges Lands Tenements Rents Services and other Ecclesiastical Possessions Hereditaments Goods and Cattels to the said Archbishopricks Bishopricks Deaneries Colleges Chauntries free Chapels Rectories Guyldes and Fraternityes late appertaining and belonging or appointing to and for the finding of Priests Obyttes Lyghts or other like purpose came as well to the hands and possession of the late noble King Edward the sixth Brother unto your Majesty Soveraign Lady by vertue of an Act of Parliament therof made or otherwise as also the hands and possessions of divers sundry other persons and bodies politick and corporate by sundry means conveyances and assurances according to the order of the Laws of this Realm a great number of which said late Monasteries Priories Nunneries Commaundries Deaneries Colleges Hospitals Prebends Chauntries free Chapels Guyldes and Fraternities and the Manors Granges Messuages Lauds Tenements Rents Reversions Services Tithes Pentions Portions Vicarages Churches Chapels Advowsons Nominations Patronages Annuities and Hereditaments Goods and Cattels to the said Monasterie◠Nunneries Commaundries Deaneries Colleges Hospitals Chauntries free Chapels Guyldes Fraternities and other Ecclesiastical Houses Archbishopricks and Bishopricks belonging as well for great sums of mony as for other good and reasonable causes and considerations have been conveyed and assured to diverse the Subjects and bodies politick of this Realm aswell by the said King Henry the eight the said King Edward the sixth and by your Highnesse our Soveraign Lady and joyntly by both your Majesties as also by diverse the Owners of the said Ecclesiastical possessions which said conveyances and assurances by their sundry Letters Patents and other writings more plainly do and may appear Forasmuch as the said most reveverend Father hath also by the said Dispensations removed and taken away all matter of impeachment trouble and danger which by occasion of any general Councel Canon or Decree Ecclesiastical might touch and disquiet the possessions of such Goods moveables lands tenements possessions and hereditaments as were of late belonging to any of the said Archbishopricks Bishopricks Monasteries Priories Nunneries Commaundries Deaneries Houses of Fryers or other religious Houses or Places of what nature name kind or quality soever they be of Yet for that the Title of all lands possessions and hereditaments in this your Majesties Realm Dominions is grounded in the laws statutes and customs of the same and by your high jurisdiction authority royal and crown imperial and in your Courts only to be impleaded ordered tryed and adjudged and none
Antiq Eccles. Brit. Godwin in Stigand Lenfrane Holinsh Speed Grafton Daniel An. 1070. [c] Eadmerus Hist. Nâ—v l. 2 3 â— 5. vita Anseâ—m Maâ—nâ—eâ—â—â—â— De Gestis Pontif l. 1. p. 210. to 230 Mat Westm. Hoveden An 1102 1104 110â— Mat Paris p. 56. 57 6â— Radulphus de Diâ—eâ—o Abbrev. Chron fol. 4â—4,495 496. Chron. Iohannis Brompton col 999. Gorvasius Dorobem Actus Pomsle Cont. col 1658 1659. Antiqu Ecclesiae Bâ—it Godwin in Anselm Mr Tyndals practise of Popish â—elates p. 374 Holinshed vol. 2. p 21 to 36. 469 472 Speed p 462 to 473. Fâ—x Acts and Monuments p. 169 170. [d] Neuâ—rigensis l. 1. c. 10. Radolfios de Diceto Abbrev. Chron. col 509. Gervisius Darobernensis col 1330. 1363 1371 1666. Antiqu Eccles Brit l. 117 118. Holinshed vol. 3 pl 57 59. Godwins Gatalogus p. 85 86. Speeds History p. 496 497. [e] Mat Westm. An. 1186 p. â—â— 49 59. Mat. Paris p 94. to 117 〈◊〉 Annal pâ—â—â— pâ—sâ—â—â— p. â—91 to â—3â— Chron â—eâ—â—â—asii â—spaâ— â—â—â—3 to 13â—9 Radulâ—hus de Dâ—â—to Ymogines Hist col 53â— 543 54â— 547. Herâ—betus Iâ—hanâ—es â—arnâ—â—ensiâ— in â—iâ—a ejâ—â— Guâ— Neubrâ—geâ—sis Hist l. 2. c. 16. Antiâ—u Eccles. Bâ—â—t p. 118 to 1â—â— Hoâ—inshed p. 69 to 81. 〈◊〉 p. 80 to 96. Fâ—x Acts and Monuments p. 186. to 200. Speech Hâ—stâ—ry p. 503 to 516. [f] Mat. Paris p 264 Anâ—iâ—u Eccles. Brâ—t p 144. Holinshed p. 1â—9 Speed p. 565. [g] Mat. Paris Histor. p 26â— Anâ—iâ—u Eccles. Brit p. 1â—4 Hâ—linshed p. 169. Spâ—ed p. 565. [h] Mat. Paâ—is p. 213 to 278. Mat. Westm. An. 1207 to 1214. Mr. Tyndals practise of Popish Prelates p. 374 375. Dr. Baâ—ns his Supplication to King Henry 8. p. 189. Fox Acts and Monuments p. 226 to 234. Antiqu Eccles Brit Godwin in Stephen Langhton Polychronâ—â—â—n Fabian Holinshed Grafien Speed in Hen. 3. [i] Mat Paris Mat. Westm. Holinshed in H. 3. Antiqu Ecclesiae Brit p. 191. Gâ—dwin p. 114 to 119. [k] Mat. Westm. An. 1294. 1295 1296 13â—0 1â—â—â— 1305 1036. Waâ—singham Hist. Angl. p 34 35,40,63 Antiqu. Eccles. Brit p. 209 to 213. Holinshed p. 301 302 313. Godwin p. 125 126 127. Fox Acts and Monuments p. 320 321 337. Bishop Iewels defence of the Apolâ—gy part 6. c 2. p. 521 522. Cromptons Iurisdiction of Courts â— 19 [l] Walsingham Hist. Angl p. 136 to 147. Antiqu. Eccles. Brit. p. 236 to 258. Fox Acts and Monuments p. 349 350 409. Godwin 13â— to â—â—7 Speed p. 699. Holinshed p. 161. [m] Walsingham Hist. Angl. p 161 Ypâ—digma Neustriâ— p. 132. Antiqu. Eccles Brit. p. 275 to 282 and Godwin in his lifâ— [n] Walsingham p 261.262.263 Ypodigma p. 139. Antiqu. Eccles Brit p. 283 to 295. Godwin p. 102 203 Graftons Chron. p 336. [o] Antiq Eccles. Brit p 196 to 300. Holinshed p. 475,476 [p] Rot. Parl. An. 21 R. 2. n. 15. 10 17. Exact abridgement of the Record in the Tower p. 368. 1 H 4. Reâ—â—aâ—l n. 33 48. Waâ—singham Hist p. 397 403. Polychion i. ult c. 8. Holinshed p 488 to 514. Antiq. Eccles. Brit p. 303. to 311. Godwin p 152 c. Fox Acts and Monuments p â—33 c. Grafâ—â—n p. 390,391 Trussel An 21 R 2. [q] Holinshed p. 1091. 1093. Cromptons Iurisdiction of Courts fol. 12 Fox vol. 3. Antiqu Eccles. Brit. and Godwin in his life [r] Continuation of Holinshed p. 1322 to 1329. Martins Chronicl p. 654 655. [s] See Sandersons History of King Charles the first and Sir George Paul in his life [t] See my Canterburies Doâ—m the Parliaments Iournals and A Collection of Ordinances [u] Will. Malm. de Gestis Pontif. l. 3 p. 260 to 166 Mat. Westm. An 871. Florentius Wigorniensis An. 677 691. Thomas Stubs Actus Pontif Eboracensâ—um col 1691 1741. Simeon Duneâ—m Hist c 9 Epistola de Archiepiscopis Ebor. col 78. Richardus Hagustaldensis Hist. c. 8. col 294. Rodolfus de Diceto Abbrev. Chronicorum col 440. Chron. Iohannis Brompton col 792. Antiqu Eccles. Brit. p 4 to 19,74 Holinshed History of Britain l. 5. c. 34,35,36 l. 2. c. 2. Gâ—dw Catalogue of Bishops p. 560 561 562. Hen. Spelmanni Concil p. 146 14â— 149 157 161 162 163 178 179 200 to 206. [n] Malmesh de Gestis Pontif l 3 p. 260. Mat. Westm. Grafton Roger Hoveden and Florentius Wigoruien sis An. 951 952,953 Thomas Stubs col 1699. Holinshed Hist. of England l 6. c. 23. p. 158. Godwins catalogue p. 567. [o] Eadmerus Hist Novor l. 5. 6. Malmesbury de Gestis Pontif. l. 3. p. 274. 275. Polychâ—onicon l 6. c. 1â— Simeon Dunelmersis Hâ—st col 141 Chronicon Johannis Brompton col 1008. Gervasius Dorob Actus Pontif Cantuar. col 1661. Thomas Stubs Actus Pontif Eboracensum col 1716. Antiqu Eccles Bâ—iâ— p 112 113. Godw. Cat p 5â—9 580. Holinshed p 41 42 49. [p] Gul. Neubrigensis Hist. l. 4. c. 17. Mat Paris p 146 147 212 212. Mat. Westm. Anno 1207. Chronicon Johannis Brompton col 1166 1169,1171 Thomas Stubs Actus Pontif. Ebor. col 1724. Hoveden in Ricardo â— Johan Holinshed p. 143 147.163 170. Godw p 587 588. Thomas Stubs Actus Pontif. Ebor. col 172â— Godwins Catalogue p. 597 598. [r] Walsingham Hist. Angl. p. 354 368 Grafton p 458 460,463,464 Speed p. 748 749. Trussel Godwins Cat. p. 601,602 l 1 R. 2. c. 1. 6 7. [s] Walsingham Hist. Angl. p. 416 417. Ypodigma Neust p. 168,170 Polychronicon l. 8. c. 10. f. 326. Caxton part 7. 430. Fabian an 611. 4. Halls Chronicle part 1 f. 25. Holinshed p. 522 529 530. Speed Hist. l. 9. c. 14. p. 775. Stow Martin Grafton Baker in 6 H. 4. Godw. p. 604,605,606 [t] Halls Chronicle Anno 8 12 E 4. f. 201,202,22â— 224 Holinshed p. 683,690 Grafton f. 678,714 Speed l. 9. c. 17 p 887. Godw. p. 609 610 611. (a) Mr. Tyndals practice of Popâ—sh Prelates p 369 to 376 Halls Chronicle 21 H 8. â— 18â— 185. 1â—0 190. Antiqu. Eccles Brit. 355 to 37â— Fox Acts Monuments p. 899. to 909. Holinshed p. 835 to 930. Hall Grafton Stâ—w Martin Baker and others in 21 22 H 8. Godwin p 620. to 623 See the Articles against him in Cooks 4. Institutes câ— 8 p. 89 to 98. (b) Mat. Westm An. 1108 p. 86 c. Mat. Paris p. 217.218 214. Polychron l 7. c. 33 Fabian pars 1. An. 1205. p 18. Holinshed p. 171 172 Martins Chronicle p. 40 47 48. Godwin p. 194. Henry de Knyghton De Event Ang. l. 2. c. 14. (c) Mat Paris p. 186 â—8â—,944 957. Godwin 194 125. (d) Mat. Westm. An. 1259 1165 1296. p. 182,330 to 314. Mat. Paris p. 961 970. Godwin p. 196. Holinshed p. 171. Speed p. 641. (e) Fox Acts and Monuments 1641. vol. 2 p 215,378.379 380 350,554.672 to 699. vol. 3. p. 105,106 107,251 to 284,759,8â—9,878,974 Martins Hist p 453 Holinshed p. 1259 1260 Godwin p. 144. (a) Mat Westm An 666 p. 234. Gâ—dw p. 13 â—â—â—â— (b) Mat. Westm. An 110â— 1107. â— 1â—â—â—â—2
Act I shall annex Pope Iulius his Letters and Reasons sent to Queen Mary Anno 1554. for the granting of the forecited Dispensation which occasioned this Statute That all such as by just Title according to the Laws or Statutes of this Realm for the time being have any Possessions Lands or Tenements lately belonging to Monasteries Priories Bishopricks Colleges Chantries Obits c. whether they have purchased them for their money or are come to possesse them by gift grant exchange or by any other legal means whatsoever may retain and keep the same in their Possessions and have the same ratified and established unto them by the confirmation and dispensation of the Sea Apostolick Causes and Reasons why such Dispensations may be justly granted with honour and conscience 1. The State of the Crown of this Kingdom cannot well be sustained to govern and rule with honour if such Possessions be taken from it for at this day the greatest part of the Possessions of the Crown consisteth of such Lands and Possessions 2. Very many men have with their monies bought and purchased great portions of those Lands from the most Excellent Kings Henry the VIII and Edward the VI. who by their Letters Patents have warranted the same of which Lands and Possessions if the Owners should now be dis-possessed the King should be bound to repay unto them all their money which would arise to such an huge Masse that it would be a very hard matter for the Crown to restore it 3. The Nobles and Gentry of this Realm most of whom have sold and alienated their antient inheritances to buy these new cannot live according to their degrees if these Possessions should be taken from them 4. The Purchasors or Owners of such Lands and Possessions in as much as they came to them by just Title according to the Ordinance of the Kings of this Kingdom have held and do still hold a good and justifiable course in obtaining of them 5. The enjoying of such Lands and Possessions is so common unto every state and condition of Men Cities Colleges and Incorporations that if the same be taken from them there will necessarily follow thereupon throughout the Kingdom a sudden change and confusion of all Orders and Degrees 6. Seeing the Goods and Possessions of the Church even by the authority of the Canon Laws may be aliened for the redemption of Captives and that the same may be done by that Church only to whom such Possessions do belong It is fit and reasonable that such Dispensations should be granted for continuing of possession already gotten for so great a good of publick concord and unity of the Church and preservation of this State as well in body as in soul. The consideration of this Statute Letter and Reasons of the Pope himself and our Popish Prelates Clergy in Queen Maries daies may perswade our present Prelates and Cathedral men to the like Moderation Candor and Ingenuity for the satisfaction of the King Parliament Purchasors and preservation of the Kingdoms Churches Tranquility now and hereafter Finally because there is now an extraordinary great clamour against Sacriledge in most Pulpits new Pamphlets and in the Commons House it self by many who understand not truly and thoroughly what Sacriledge is I shall for a close of this Appendix inform them 1. That the word Sacriledge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is only once and no more used in sacred writ Rom. 2. 22. What the Apostle there means by committing Sacriledge and what this Sin should be both old and new Expositors do very much disagree I shall render them an account of 10. several opinions of Expositors concerning it who comment on this Text neither of them suiting with that which now alone is declamed against as the sole and only Sacriledge 1. Origen Ambrose and some others interpret Sacrilege The Iews violating of Christ the true Temple of God by crucifying him with their sins stealing him out of the Scripture and denying Christ MAGNO SACRILEGIO 2ly Chysostome Theodulus Theophylact Peter Martyr Dr. Willet expound it to be the Iews sparing of Idols and using of things consecrated to idolatry out of covetousness to their own private commodity which by the Law of God they should have destroyed which Calvin and Gualter mislike not And Peter Martyr thence infers Potest quidem Respublica Magistratus noster ea quae superstitiosa sunt auferre et corum pretia in usus pios et bonos convertere without any Sacriledge 3ly Gorhan defines this Sacriledge to be the giving of divine worship unto Idolls 4ly Calvin and Piscator expound it to be the contempt of the Divine Majesty 5ly Haymo informs us that Spiritual sacrilege est sacrorum verborum prevaricatio the praevarication of Gods word but according to the Letter he defines it Sacrarum rerum surtum verbi gratia Quisquis de the sauro Ecclesiae vel de substantia Dei familiarium aliquid occulte abstrahit Sacrilegium perpetrat which extends only to Goods not Lands with whom Lyranus the Syriack interpretation some Popish Commentators accord 6ly Peter Martyr and Lucas Osiander interpret it to be the buying and selling of the Priests Office Orders Benefices Bishopricks as many have done and still do who are really guilty of Sacrilege as well as Symony 7ly Paraeus and others expound it of polluting Gods Service with Iewish and humane inventions 8ly Grynaeus understands it of arrogating to their own merits that which was peculiar to the grace of God 9ly Peter Martyr applyes it to Fly his Sons and such other Priests who violently took away and appropriated to themselves the things offered and consecrated unto God 10ly Primasius Bishop of Vtica in Africk St. Augustine Disciple flourishing in the year 440. in his Commentary on this Text resolves SACRILEGIVMEST QUOD PROPRIE IN DEVM COMMITTITVR QVASI VIOLATIO VEL PRAEVARICATIO MANDATORVM Adding that the Apostle in the next words Per praevaricationem legis Deum inhonoras EXPOSVIT SACRILEGIVM Rhemigius and Haym◠concur in substance with him And indeed this definition of Sacriledge that it is the breach or violation of the sacred law of God is most agreeable to the Apostles meaning and proper etymology of the word Hence Laurentius de Pinue a great Canonist and Angelus de Clavafio in his Summa Angelica Sacrilegium derive and define Sacrilegium quasi Sacrae legis lesio a more proper etymology than that of Innocentius the Pope quasi Sacriledium Now none of all these antient or modern Expositors define Sacrilege to be a taking away alienating or selling the Lands of Bishops Deans Abbots Priors Cathedrals Covents or Chapters never intended by the Apostle in those primitive times of the Gospel when the Apostles themselves and Evangelical Bishops in and immediately after their Age had neither Silver nor Gold nor Temporal Lands or Possessions to take away plunder steal or alienate as is evident by Acts 3. 5 6.